The Railway (Licensing of Railway Undertakings) Regulations 2005

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Monitoring, suspension and revocation of [F1railway undertaking] licencesE+W+S

This section has no associated Explanatory Memorandum

8.—(1) F2... This regulation applies to a railway undertaking to which a [F3railway undertaking] licence has been granted by the ORR.

[F4(2) The ORR shall take such steps as are necessary to enable it to determine whether or not a railway undertaking complies with a requirement referred to in Schedule 2—

(a)at regular intervals of at least every 5 years, or

(b)at any time the ORR considers that there is serious doubt whether the railway undertaking complies with the requirement.]

(3) If, having taken the steps referred to in paragraph (2), the ORR is satisfied that a railway undertaking does not comply with any such requirement, it shall revoke the [F5railway undertaking] licence held by the railway undertaking or suspend it.

(4) The ORR shall revoke a [F6railway undertaking] licence if—

(a)proceedings have been commenced for the winding up of a railway undertaking on the grounds that the undertaking is unable to pay its debts, or

(b)an application for a railway administration order has been made in relation to the railway undertaking under section 60 of the 1993 Act on the grounds that the undertaking is or is likely to be unable to pay its debts,

and the ORR is satisfied that there is no realistic prospect of satisfactory financial restructuring of the undertaking within a reasonable period of time.

F7(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) Where the ORR has suspended or revoked a [F8railway undertaking] licence solely on the grounds of the non-compliance by the railway undertaking with the requirements of financial fitness specified in Schedule 2, the ORR may grant to the undertaking a temporary [F8railway undertaking] licence pending the re-organisation of the railway undertaking.

(7) A temporary [F8railway undertaking] licence under paragraph (6) shall not be granted—

(a)where the ORR considers that safety would be jeopardised, or

(b)for a period exceeding six months.

(8) Where a railway undertaking to which a [F8railway undertaking] licence has been granted has either ceased the operations to which the licence relates for a continuous period of six months or, subject to paragraph (9), has not commenced such operations within six months of the date of such grant, then the ORR may either require the railway undertaking to resubmit its licence to the ORR for approval or suspend the licence.

(9) When making an application for a [F8railway undertaking] licence, or where the ORR has required a railway undertaking to resubmit its [F8railway undertaking] licence in pursuance of paragraph (8) on the grounds that the railway undertaking has not commenced such operations, the railway undertaking shall be entitled to request that a period longer than six months be granted in which it can commence operations, taking into account the specific nature of the services to be provided.

(10) In the event of a change affecting the legal situation of a railway undertaking, in particular following a change in the control or ownership of the railway undertaking as a result of a merger with or take-over by another undertaking, the ORR may require the railway undertaking to submit the [F8railway undertaking] licence to the ORR for approval.

(11) Where a [F8railway undertaking] licence is submitted for approval pursuant to paragraph (10), the railway undertaking may continue operations whilst its licence is under review unless the ORR decides that safety is jeopardised by the change referred to in paragraph (10).

(12) If the ORR decides that safety is jeopardised by that change, it shall notify the railway undertaking of its decision and of the grounds for it.

(13) When a railway undertaking intends significantly to change or extend its activities from those in respect of which a [F9railway undertaking] licence was granted to it, the railway undertaking shall submit its licence to the ORR for review.

(14) When the ORR amends, suspends or revokes a [F10railway undertaking licence] it shall forthwith inform [F11the [F12Secretary of State]] of such amendment, suspension or revocation.

Textual Amendments

F1Words in reg. 8 heading substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(2) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F2Words in reg. 8(1) omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(3)(a) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F3Words in reg. 8(1) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(3)(b) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F4Reg. 8(2) substituted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(6)(a) (with reg. 4)

F5Words in reg. 8(3) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(4) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in reg. 8(4) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(4) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F7Reg. 8(5) omitted (31.12.2020) by virtue of The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(5) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F8Words in reg. 8(6)-(11) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(6) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F9Words in reg. 8(13) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(6) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F10Words in reg. 8(14) substituted (31.12.2020) by The Railway (Licensing of Railway Undertakings) (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/700), regs. 1(2), 10(7)(a) (with regs. 32-39); 2020 c. 1, Sch. 5 para. 1(1)

F11Words in reg. 8(14) substituted (29.7.2016) by The Railways (Access, Management and Licensing of Railway Undertakings) Regulations 2016 (S.I. 2016/645), regs. 1(1), 39(6)(c) (with reg. 4)